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Electricity (Hazards from Trees)Regulations 2003
(SR 2003/375)
Pursuant to section 169 of the Electricity Act 1992, Her Excellencythe Administrator of the Government, acting on the advice and withthe consent of the Executive Council, makes the following regulations.
ContentsPage
1 Title 32 Commencement 33 Purpose 34 Interpretation 3
Part 1Control of trees
General notice requirement5 Consumers to be notified of certain dangers, growth limit
zones, etc5
Trees encroaching notice zones6 Notification of trees encroaching notice zone 67 Hazard warning notice 6
Trees encroaching growth limit zones8 Notification of trees encroaching growth limit zone 79 Cut or trim notice 810 Cutting of trees encroaching growth limit zone 911 Costs of first cut or trim and removal of debris 9
Debris, underground works, etc12 Removal of debris after cutting trees 11
NoteThese regulations are administered in the Ministry of Economic Development.
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13 Underground works 1114 Obligation to remove danger to persons or property from
trees damaging conductors11
Nointerest tree notices15 Nointerest tree notice 1316 Purpose and effect of nointerest tree notice 1417 Nointerest tree notice may be rescinded 1418 Trees with amenity value 15
Dispensations19 Application for dispensation 1520 Works owner to consider dispensation applications 1621 Further provisions relating to dispensations 17
Arbitration22 Arbitration 17
Manner of notification23 Manner of notification to tree owners 1824 Manner of notification and application to works owners 1925 Manner of application to arbitrators 21
Offences and liabilities26 Offences committed by tree owners 2227 Offences committed by works owners 2228 Liability of tree owners 23
Part 2Arbitrators
Appointment of arbitrators29 Appointment of arbitrators 24
Functions, duties, and powers30 Functions, duties, and powers of arbitrators 24
Decisions and proceedings31 Decisions of arbitrators 2532 Proceedings of arbitrators 2633 Evidence 2634 Arbitrator may act on evidence available 27
Rehearings35 Rehearings 27
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Miscellaneous provisions36 Remuneration of arbitrators 2737 Protection of arbitrators 28
Part 3Miscellaneous provisions
38 Compensation for trees and vegetation removed 2839 Safety clearance distances for conductors of overhead
electric lines28
40 Claims for damages to works 2841 Regulations do not affect specified agreements 2842 Revocations 29
Schedule 29Growth limit zones
1 TitleThese regulations may be cited as the Electricity (Hazardsfrom Trees) Regulations 2003.
2 CommencementThese regulations come into force on the 28th day after thedate of their notification in the Gazette.
3 PurposeThe purpose of these regulations is to protect the security ofthe supply of electricity, and the safety of the public, by—(a) prescribing distances from electrical conductors within
which trees must not encroach; and(b) setting rules about who has responsibility for cutting or
trimming trees that encroach on electrical conductors;and
(c) assigning liability if those rules are breached; and(d) providing an arbitration system to resolve disputes be
tween works owners and tree owners about the operation of these regulations.
4 Interpretation(1) In these regulations, unless the context otherwise requires,—
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Act means the Electricity Act 1992amenity value. in relation to a tree, means the natural andphysical qualities and characteristics of the tree that—(a) contribute to people’s appreciation of the tree or the area
in which that tree is situated; or(b) provide desired shelter or desired screening to a prop
erty adjoining the property on which the tree is situatedarbitrator means an arbitrator appointed under regulation 29conductormeans any wire or cable used or placed in positionfor the conveyance of electricity; but does not include the wireof any electric fencecut or trim notice means a notice given under regulation 9dispensation zone, in relation to the space surrounding a conductor, means the space within the growth limit zone intowhich a tree may encroach to the distance specified by a worksowner or arbitrator in a dispensationgrowth limit zone, in relation to the space surrounding a conductor, means the space that extends no more than the distance from the conductor as specified for that conductor in theSchedulehazard warning noticemeans a notice given under regulation7insulated, in relation to conductors, means that the conductorsare covered with insulation in such a manner that a person maysafely handle them when they are livenointerest tree noticemeans a notice given under regulation15notice zone, in relation to the growth limit zone, means thespace that extends no more than 1 metre beyond the growthlimit zonespan means the length of conductor between any 2 consecutive supports of that conductortree includes any tree, shrub, or plant, or any part of a tree,shrub, or plant; and trees has a corresponding meaningworks has the same meaning as in section 2(1) of the Actworks owner means the owner of any works.
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(2) For the purposes of these regulations, any distance stated inrespect of a notice zone, growth limit zone, or dispensationzone that is applicable to a conductor must be measured on abasis that that takes into account maximum design sag.
Part 1Control of trees
General notice requirement5 Consumers to be notified of certain dangers, growth limit
zones, etc(1) Not later than 1 July 2005, and following that date at intervals
of not more than 12 months, every works owner must—(a) publicly disclose and publish on the Internet the infor
mation described in subclause (2) (the required information); and
(b) in addition, either—(i) ensure that each consumer who is provided with
line function services by that works owner isgiven written notice of the required information;or
(ii) publish the required information in the news sections of 2 separate editions of each newspaperthat is widely read by consumers provided withline function services by that works owner.
(2) For the purposes of subclause (1), the following informationis the required information:(a) a general description of the dangers posed by contact
between trees and live conductors; and(b) an explanation of the notice zone and growth limit zone
as defined in these regulations; and(c) a general description of the dangers of cutting and trim
ming trees in the vicinity of live conductors; and(d) a list of the offences specified in regulation 26(1) that
may be committed by tree owners and the penalties thatmay be imposed for committing any of those offences.
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Trees encroaching notice zones6 Notification of trees encroaching notice zone(1) If a works owner becomes aware of a tree encroaching the no
tice zone but not the growth limit zone in respect of a conductor belonging to that works owner, that works owner may givea hazard warning notice to the tree owner.
(2) A hazard warning notice must be given in accordance withregulation 7.
7 Hazard warning notice(1) The purpose of a hazard warning notice is to warn a tree owner
that a tree encroaches a notice zone and must not encroach agrowth limit zone.
(2) A hazard warning notice must be in writing and be given inthe manner required by regulation 23.
(3) A hazard warning notice must contain,—(a) if the notice is given after 1 July 2005, a copy of the
notice given in accordance with regulation 5; and(b) an explanation of the notice zone and growth limit zone
in relation to the tree and the conductor to which thehazard warning notice relates; and
(c) sufficient information to fairly inform the tree owner ofthe location and identity of the tree; and
(d) a statement that, if the tree encroaches the growth limitzone, a cut or trim noticemay be given to the tree owner,unless regulation 8(4) applies; and
(e) a statement that the tree owner may give a nointeresttree notice to the works owner under regulation 15; and
(f) a statement that the tree owner may apply to the worksowner, within the time limits set out in regulation 19, fora dispensation from cutting or trimming the tree; and
(g) a statement that the tree owner may apply to an arbitrator, within the time limits set out in regulation 22, if thedispensation is not granted or the tree owner disagreeswith the terms of the dispensation; and
(h) a list of the offences specified in regulation 26(1) thatmay be committed by a tree owner and the penalties that
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may be imposed for committing any of those offences;and
(i) a summary of the tree owner’s liabilities specified inregulation 28; and
(j) a list of the names, addresses, and other contact detailsof all arbitrators appointed under regulation 29.
Trees encroaching growth limit zones8 Notification of trees encroaching growth limit zone(1) Before 1 July 2005, if a works owner becomes aware of a tree
encroaching the growth limit zone in respect of a conductorbelonging to that works owner, that works owner may give acut or trim notice to the tree owner.
(2) On and after 1 July 2005, if a works owner becomes awareof a tree encroaching the growth limit zone in respect of aconductor belonging to that works owner, that works ownermust ,give a cut or trim notice to the tree owner.
(3) A cut or trim notice must be given in accordance with regulation 9.
(4) Despite subclauses (1) and (2), if a conductor to which thosesubclauses would otherwise apply is on land administered byany person under the Conservation Act 1987, or any of theActs set out in Schedule 1 to that Act that regulate the use ofland.—(a) a cut or trim notice must not be issued to the tree owner:(b) the tree owner is not under any obligation to cut or trim
the tree:(c) the works owner must, within 3 months of becoming
aware that the tree encroaches the growth limit zone andat the works owner’s expense, ensure that the tree is cutor trimmed to ensure that the tree ceases to encroach thegrowth limit zone.
(5) A works owner is not required to comply with subclause(4)(c) if the works owner has taken reasonable steps to comply with that subclause but is unable to comply because of—(a) the requirements of any Act; or(b) the refusal of the tree owner to—
(i) allow the works owner access to the tree; or
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(ii) permit its cutting or trimming.
9 Cut or trim notice(1) The purpose of a cut or trim notice is to notify a tree owner
that a tree encroaches a growth limit zone and must be cut ortrimmed.
(2) A cut or trim notice must be in writing and be given in themanner required by regulation 23.
(3) A cut or trim notice must contain—(a) an explanation of the notice zone and growth limit zone
in relation to the conductor and the tree to which the cutor trim notice relates; and
(b) sufficient information to fairly inform the tree owner ofthe location and identity of the tree; and
(c) the time limits within which the tree owner must causethe tree to be cut or trimmed as determined by regulation 10(1) or, if the works owner wishes to exercise thepower conferred by regulation 11(3), a statement of theintention of the works owner to cut or trim the tree; and
(d) an explanation of the works owner’s obligations; and(e) a statement that the tree owner may give a nointerest
tree notice to the works owner within the time limitsspecified in regulation 15; and
(f) a statement that the tree owner may apply to the worksowner, within the time limits set out in regulation 19 fora dispensation from cutting or trimming the tree; and
(g) a statement that the tree owner may apply to an arbitrator, within the time limits set out in regulation 22, if thedispensation is not granted, or the tree owner disagreeswith the terms of the dispensation; and
(h) a list of the names, addresses, and other contact detailsof all arbitrators appointed under regulation 29; and
(i) where the works owner is an electricity operator, astatement that the tree owner must, at least 3 workingdays before the tree is cut or trimmed, advise the worksowner of the time and location of the cutting or trimming of the tree; and
(j) a list of the offences specified in regulation 26(1) thatmay be committed by a tree owner and the penalties that
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may be imposed for committing any of those offences;and
(k) a summary of the tree owner’s liabilities specified inregulation 28.
10 Cutting of trees encroaching growth limit zone(1) A tree owner who is given a cut or trim notice must cause the
tree to which the notice relates to be cut or trimmed so that itdoes not encroach the notice zone for the conductor to whichthe notice relates.
(2) A tree owner must cause the tree to which the notice relates tobe cut or trimmed within the following time limits:(a) if the tree owner received a cut or trim notice within 3
months after receiving a hazard warning notice, no laterthan—(i) 10 working days after the date on which the tree
owner received the cut or trim notice, if the treeis able to grow at least 1 metre in 1 month in theclimatic conditions prevailing in the area wherethe tree is located; or
(ii) 25 working days after the date on which the treeowner received the cut or trim notice, if subparagraph (i) does not apply to the tree; or
(b) if an arbitrator has made a decision under regulation 31,and the arbitrator specifies a time limit within which thetree must be cut or trimmed, that time limit; or
(c) in. any other case, no later than 45 working days afterthe date on which the tree owner received the cut or trimnotice.
(3) A tree owner who is given a cut or trim notice by a worksowner must, at least 3 working days before the tree is cut ortrimmed, advise the works owner of the time and location ofthe cutting or trimming of the tree.
(4) This regulation is subject to regulation 11(3).
11 Costs of first cut or trim and removal of debris(1) This regulation applies to a tree owner and a works owner if—
(a) the works owner gives a cut or trim notice in respect ofa tree to the tree owner; and
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(b) the tree has not previously been the subject of a cut ortrim notice under these regulations; and
(c) the tree was not, before the commencement of theseregulations, subject to the Trees (Electric Lines) Regulations 1956; and
(d) the tree is not the subject of an agreement between theworks owner and the tree owner under which the worksowner has already met those costs: and
(e) the tree is not the subject of a nointerest tree noticegiven under regulation 15.
(2) The works owner must meet the reasonable costs of the cutting or trimming referred to in the cut or trim notice (whetherundertaken by the tree owner or the works owner under subclause (3)), unless the tree owner has refused consent to theentry of the works owner on to the tree owner’s property toexercise powers conferred by subclause (3).
(3) The works owner may cut or trim the tree to the extent necessary to ensure that it does not encroach the notice zone, at theworks owner’s expense, if—(a) the works owner has indicated an intention to cut or trim
the tree in the cut or trim notice; and(b) the time allowed for the tree owner to apply for a dis
pensation or arbitration has expired; and(c) any application for a dispensation or arbitration by the
tree owner has been determined; and(d) the cutting or trimming takes place in accordance with
any dispensation or determination of an arbitrator, as thecase requires; and
(e) in the case where entry on to the tree owner’s propertyis necessary to effect the cutting or trimming, the worksowner obtains the consent of the tree owner to enter thetree owner’s property.
(4) If a works owner exercises the powers conferred by subclause(3), the works owner must—(a) remove or cause to be removed any resulting debris that
falls on any adjoining land; or(b) ensure that any resulting debris that falls on any adjoin
ing land is tidied or dealt with in such a way that it does
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not affect the use or enjoyment of the land by its owneror occupier.
(5) Subclause (4) does not apply if an arbitrator, in proceedingsrelating to that tree, determines otherwise.
Debris, underground works, etc12 Removal of debris after cutting trees(1) If a tree owner is required by these regulations to cause a tree
to be cut or trimmed, the tree owner must either—(a) remove or cause to be removed any resulting debris that
falls on any adjoining land; or(b) ensure that any resulting debris that falls on any adjoin
ing land is tidied or dealt with in such a way that it doesnot affect the use or enjoyment of the land by its owneror occupier.
(2) Subclause (1) does not apply if an arbitrator, in proceedingsrelating to that tree, determines otherwise.
13 Underground worksIn order to permit the safe repair or operation of an underground conductor, a works owner may sever and remove anytree roots that are within 0.5 metres of that conductor.
14 Obligation to remove danger to persons or property fromtrees damaging conductors
(1) A works owner must, without delay, undertake any work inrelation to a tree (including the roots of that tree) if the worksowner becomes aware that there is immediate danger to persons or property from a conductor because—(a) the tree has come into contact with, or constitutes a ser
ious hazard to, that conductor; or(b) the tree has caused damage to that conductor and is
likely to cause further damage to that conductor.(2) Subclause (1)—
(a) has effect despite.—(i) any application for a dispensation that is pending;
or(ii) any arbitration that is not determined: or
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(iii) the giving of a notice under regulation 9 specifying a time for cutting or trimming a tree that hasnot expired; but
(b) does not override any Act.(3) For the purposes of subclause (1), a works owner may cut or
trim the tree to the extent necessary to remove the danger but,if the works owner wishes to cut or trim the tree so that itno longer encroaches the notice zone, the works owner mustobtain the consent of the tree owner.
(4) The works owner is responsible for the removal of debris produced as a result of the cutting or trimming of the tree.
(5) When a works owner undertakes any work in accordance withsubclause (1), the tree owner is liable for the direct costs ofthat work if—(a) the tree owner was warned by the works owner of the
potential danger created by the tree, before the commencement of these regulations, and has failed to remedy the potential danger; or
(b) the tree owner was requested by the works owner toundertake work in relation to the tree, before the commencement of these regulations, and has failed to undertake the work requested; or
(c) the tree owner has failed to comply with a cut or trimnotice.
(6) The direct costs must be reasonable and may include—(a) the costs of ensuring that any cutting or trimming work
is carried out safely; and(b) the costs of any isolation or earthing operation that is
necessary; and(c) the costs of the removal of any debris; and(d) the costs of remedying any damage to works, where that
damage arises (whether directly or indirectly) out of atree owner’s failure to comply with the requirements ofthese regulations.
(7) A works owner may recover any amount payable under subclause (5) as a debt due to the works owner.
(8) Subclauses (5) to (7) do not apply to a tree owner if the treeis on land administered by any person under the Conservation
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Act 1987, or any of the Acts set out in Schedule 1 to that Actthat regulate the use of land.
Nointerest tree notices15 Nointerest tree notice(1) An owner or occupier of any land on which a tree is growing
may give a nointerest tree notice to a works owner if subclause (2), subclause (3), or subclause (4) applies.
(2) Subclause (1) applies if—(a) the tree was naturally sown in the vicinity of an existing
works; and(b) the tree encroaches or may encroach the notice zone or
growth limit zone in respect of a conductor belongingto the works owner; and
(c) that conductor is situated on the land on which the treeis growing, or on the adjoining land.
(3) Subclause (1) applies if—(a) the tree was planted in the vicinity of an existing works
before the commencement of these regulations; and(b) at the time of planting, the tree owner believed on rea
sonable grounds that the tree, when fully grown, wouldnot interfere with any conductor.
(4) Subclause (1) applies if—(a) the tree was planted in the vicinity of an existing works
on or after the commencement of these regulations; and(b) at the time of planting, the tree owner believed on rea
sonable grounds that the tree, when fully grown, wouldnot encroach on a growth limit zone.
(5) An owner or occupier may give a nointerest tree noticewhether or not the owner or occupier has received a hazardwarning notice or a cut or trim notice in respect of the tree towhich the notice relates.
(6) If an owner or occupier wishes to give a nointerest tree noticeand the owner or occupier has received a cut or trim notice inrespect of the tree to which the nointerest tree notice relates,the owner or occupier must give the nointerest tree notice nolater than 10 working days after the date on which the treeowner received that cut or trim notice.
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(7) A nointerest tree notice must be in writing and be given in themanner required by regulation 23.
16 Purpose and effect of nointerest tree notice(1) The purpose of a nointerest tree notice is to notify a works
owner that the owner or occupier of the land on which the treeis growing has no interest in the tree.
(2) Subject to regulation 17, if a works owner receives a nointerest tree notice, the works owner may cause the tree to be removed or trimmed to an extent determined by the works ownerif the works owner first obtains permission to enter the land onwhich the tree is growing from the owner or occupier who gavethe notice.
(3) If—(a) a works owner receives a nointerest tree notice; and(b) the works owner fails to remove the tree or trim it within
20 working days after the date on which the worksowner received the notice; and
(c) the tree causes damage to anyworks of theworks owner,the owner or occupier who gave the notice is not liablefor the costs of remedying that damage.
(4) If a works owner causes a tree to be removed or trimmed undersubclause (2), the works owner, if so requested by the owneror occupier of the land, must either—(a) remove or cause to be removed any debris produced in
the removal or trimming of the tree; or(b) ensure that any debris produced in the removal or trim
ming of the tree does not interfere with the use or enjoyment of the land by its owner or occupier.
17 Nointerest tree notice may be rescinded(1) If a works owner receives a nointerest tree notice, and the
owner or occupier who gave the notice refuses to allow theworks owner to enter the land for the purpose of removing ortrimming the tree, the nointerest tree notice is immediatelyrescinded.
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(2) An owner or occupier who gives a nointerest tree notice to aworks owner may rescind the notice at any time by informingthe works owner in writing that the notice is rescinded.
(3) If an owner or occupier who gives a nointerest tree notice toa works owner is a local authority and the tree that is the subject of the notice is subject to clearance or pruning restrictionsunder a district plan (as defined in section 2(1) of the ResourceManagement Act 1991), that notice is of no effect.
(4) If a nointerest tree notice has been rescinded or is of no effect,these regulations apply as if that notice had not been given.
18 Trees with amenity value(1) A works owner must consult with the owner or occupier of
land to which paragraph (b) applies before the works ownercauses a tree that is on a road to be removed or trimmed, if—(a) a local authority or other body or person having juris
diction over a road gives a nointerest tree notice to theworks owner in respect of the tree; and
(b) the works owner has reason to believe that the tree mayhave amenity value for an owner or occupier of any landthat is situated within a 50metre radius of the tree.
(2) Aworks ownermust not cause a tree to be removed or trimmedunder regulation 16 if a person who is consulted under subclause (1) gives written notice to the works owner that he orshe is interested in the tree and wishes to be treated as the treeowner for the purposes of these regulations.
(3) A person who notifies a works owner under subclause (2) mayrescind the notice at any time by informing the works ownerin writing that the notice is rescinded.
(4) Once a notice has been rescinded, these regulations apply asif that notice had not been given.
Dispensations19 Application for dispensation(1) Subject to subclause (3), a tree owner to whom a works owner
gives a hazard warning notice or a cut or trim notice in respectof a tree may apply to the works owner for a dispensation from
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the cutting or trimming of that tree so that it does not encroachthe notice zone.
(2) If a dispensation is granted,—(a) the tree owner is not required to cut or trim the tree so
that it does not encroach the notice zone and the worksowner may not exercise the power conferred by regulation 11(2); but
(b) the tree owner must ensure that the tree to which thedispensation relates does not encroach into the growthlimit zone beyond the dispensation zone.
(3) An application for a dispensation,—(a) if the tree owner is given a hazard warning, notice but
has not been given a cut or trim notice, may be made atany time; and
(b) if the tree owner is given a cut or trim notice, must bemade no later than 5 working days after the date onwhich the tree owner received that notice.
(4) An application for a dispensation must be in writing and begiven in the manner required by regulation 23.
20 Works owner to consider dispensation applications(1) If a works owner receives an application for a dispensation,
the works owner must, no later than 5 working days after thedate on which the works owner received that application,—(a) decide whether to grant the dispensation; and(b) give written notice of the decision to the tree owner in
the manner required by regulation 23.(2) A works owner must grant a dispensation if the works owner
is satisfied that the tree is unlikely to come into contact with,or constitute a serious hazard to, a conductor, or is unlikely tocause damage to a conductor, because of—(a) the species or age of the tree; or(b) the location of the tree in relation to the works.
(3) If a works owner decides to grant a dispensation, the worksowner—(a) must specify in the dispensation the distance into the
growth limit zone that the tree to which the dispensationrelates may encroach; and
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(b) may make the dispensation subject to any conditionsthat the works owner thinks fit, and must specify thoseconditions in the dispensation.
21 Further provisions relating to dispensations(1) A dispensation—
(a) comes into force on the date the dispensation is granted;and
(b) has effect for a period (not exceeding 5 years) that isspecified by the works owner in the dispensation.
(2) A works owner may revoke a dispensation if—(a) the tree to which the dispensation relates encroaches
into the growth limit zone beyond the dispensationzone; or
(b) the tree owner breaches the conditions (if any) that theworks owner has imposed.
(3) If a tree to which the dispensation relates encroaches into thegrowth limit zone beyond the dispensation zone, the worksowner may give a cut or trim notice in respect of the tree,whether or not the dispensation has been revoked.
(4) A dispensation, or the making of an application for a dispensation, does not limit the obligation of a works owner underregulation 14 to undertake, without delay, any work in relation to a tree (including the roots of that tree) that is necessaryto remove an immediate danger to persons or property from aconductor.
Arbitration22 Arbitration(1) A tree owner may apply to an arbitrator to determine a dispute
between the tree owner and a works owner if—(a) the works owner has refused to grant a dispensation
under regulation 20 and the tree owner believes that adispensation should have been granted; or
(b) the works owner has granted a dispensation under thatregulation but the tree owner does not agree with theterms of that dispensation.
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(2) An application to an arbitrator must be made no later than 5working days after the date on which the tree owner receivednotice under regulation 20(1).
(3) An application to an arbitrator must be in writing and be madein the manner required by regulation 25.
(4) The determination of a dispute by arbitration, or the making ofan application to an arbitrator to determine a dispute, does notlimit the obligation of a works owner under regulation 14 toundertake, without delay, any work in relation to a tree (including the roots of any tree) that is necessary to remove animmediate danger to persons or property from a conductor.
Manner of notification23 Manner of notification to tree owners(1) A hazard warning notice or a cut or trim notice to be given to
a tree owner who is a natural person must be addressed to thattree owner and may be—(a) delivered to that tree owner; or(b) posted to that tree owner’s last known or usual place of
residence: or(c) sent by fax to a telephone number used by that tree
owner for the transmission of documents by fax; or(d) if the tree owner consents, sent by electronic communi
cation to that tree owner.(2) A hazard warning notice or a cut or trim notice to be given to
a tree owner other than a natural person must be addressed tothat tree owner and may be—(a) delivered to a person who is a director or an officer of
that tree owner; or(b) posted to that tree owner’s registered office or address
for service or principal office; or(c) sent by fax to a telephone number used for the transmis
sion of documents by fax at that tree owner’s registeredoffice or address for service or principal office; or
(d) if the tree owner consents, sent by electronic communication to that tree owner.
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(3) If a hazard warning notice or a cut or trim notice is to be givento a tree owner that is a partnership, it is sufficient to give thenotice to 1 of the partners in accordance with subclause (1).
(4) In proving the delivery of a hazard warning notice or a cut ortrim notice in accordance with this regulation, it is sufficientto prove that the notice was properly addressed.
(5) A hazard warning notice or a cut or trim notice given in accordance with this regulation,—(a) if the notice is delivered, or sent by fax, must be treated,
unless the contrary is shown, as having been received onthe day on which that notice was delivered or sent; and
(b) if the notice is posted, must be treated, unless the contrary is shown, as having been received on the thirdworking day after the date on which that notice wasposted; and
(c) if the notice is sent by electronic communication, mustbe treated, unless the contrary is shown, as having beenreceived,—(i) in the case of a tree owner who has designated
an information system for the purpose of receiving electronic communications, at the time theelectronic communication enters that information system; or
(ii) in any other case, at the time the electronic communication comes to the attention of the treeowner.
24 Manner of notification and application to works owners(1) A nointerest tree notice, or an application for a dispensation
under regulation 19, to be given to a works owner who is anatural person. must be addressed to that works owner andmay be—(a) delivered to that works owner; or(b) posted to that works owner’s last known or usual place
of residence; or(c) sent by fax to a telephone number used by that works
owner for the transmission of documents by fax; or(d) if the works owner consents, sent by electronic commu
nication to that works owner.
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Regulations 2003Reprinted as at
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(2) A nointerest tree notice, or an application for a dispensationunder regulation 19, to be given to a works owner other thana natural person, must be addressed to that works owner andmay be—(a) delivered to a person who is a director or an officer of
that works owner; or(b) posted to that works owner’s registered office or address
for service or principal office; or(c) sent by fax to a telephone number used for the transmis
sion of documents by fax at that works owner’s registered office or address for service or principal office; or
(d) if the works owner consents, sent by electronic communication to that works owner.
(3) If a notice is to be given, or an application is to be made, toa works owner that is a partnership, it is sufficient to give thenotice or application to 1 of the partners in accordance withsubclause (1).
(4) In proving the delivery of a notice or an application in accordance with this regulation, it is sufficient to prove that the noticeor application was properly addressed.
(5) A notice given, or an applicationmade, in accordance with thisregulation,—(a) if the notice or application is delivered, or sent by fax,
must be treated, unless the contrary is shown, as havingbeen received on the day on which that notice was delivered or sent; and
(b) if the notice is posted, must be treated, unless the contrary is shown, as having been received on the thirdworking day after the date on which that notice wasposted; and
(c) if the notice is sent by electronic communication, mustbe treated, unless the contrary is shown, as having beenreceived,—(i) in the case of a works owner who has desig
nated an information system for the purpose ofreceiving electronic communications, at the timethe electronic communication enters that information system; or
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Electricity (Hazards from Trees)Regulations 2003 Part 1 r 25
(ii) in any other case, at the time the electronic communication comes to the attention of the worksowner.
25 Manner of application to arbitrators(1) An application to be made under regulation 22 to an arbitrator
must be addressed to that arbitrator and may be(a) delivered to that arbitrator; or(b) posted to that arbitrator’s last known or usual place of
residence; or(c) sent by fax to a telephone number used by that arbitrator
for the transmission of documents by fax; or(d) sent to the arbitrator by electronic communication to the
information system designated by the arbitrator for thepurpose of receiving electronic communications.
(2) In proving the delivery of an application in accordance withsubclause (1), it is sufficient to prove that the application wasproperly addressed.
(3) An application made in accordance with subclause (1),—(a) if the application is delivered, or sent by fax, must be
treated, unless the contrary is shown, as having beenreceived on the day on which that application was delivered or sent; and
(b) if the application is posted, must be treated, unless thecontrary is shown, as having been received on the thirdworking day after the date onwhich that applicationwasposted; and
(c) if the application is sent by electronic communication,must be treated as having been received, unless the contrary is shown, at the time the electronic communicationenters the information system designated by the arbitrator for the purpose of receiving electronic communications.
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Offences and liabilities26 Offences committed by tree owners(1) A person commits an offence who, being a tree owner who is
given a cut or trim notice in relation to a tree that requires thetree owner to cut or trim the tree,—(a) fails, without reasonable excuse, to cause the tree to be
cut or trimmed in accordance with regulation 10; or(b) in contravention of regulation 10(3), fails, without rea
sonable excuse, to advise the works owner of the timeand location of the cutting or trimming of the tree.
(2) A person who commits an offence against subclause (1) is liable on summary conviction to a fine not exceeding $10,000and, if the offence is a continuing one, a further fine not exceeding $500 for every day or part of a day during which theoffence has continued.
(3) No proceedings may be taken in respect of an offence againstsubclause (1)(a) if—(a) the tree owner has applied for a dispensation under
regulation 19 and the works owner to whom the application for a dispensation was made—(i) has not made a decision in respect of the applica
tion; or(ii) has failed to give notice to the tree owner in ac
cordance with regulation 20(1)(b); or(b) a dispute in respect of the tree to which the offence re
lates has been referred to an arbitrator and the arbitratorhas not made a decision in respect of that dispute.
27 Offences committed by works owners(1) A person commits an offence who, being a works owner,—
(a) in contravention of regulation 5, fails, without reasonable excuse, to give written notice to every consumersupplied with electricity by that works owner; or
(b) in contravention of regulation 8(2), on becoming awareof a tree encroaching a growth limit zone in respect ofa conductor belonging to that person, fails, without reasonable excuse, to give a cut or trim notice to the treeowner in respect of that tree.
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Electricity (Hazards from Trees)Regulations 2003 Part 1 r 28
(2) A person commits an offence who, being a works owner,fails, without reasonable excuse, to comply with regulation8(4)(c) or regulation 14(1) or (4).
(3) A person who commits an offence against subclause (1) is liable on summary conviction to a fine not exceeding $10,000.
(4) A person who commits an offence against subclause (2) is liable on summary conviction to a fine not exceeding $10,000and, if the offence is a continuing one, to a further fine not exceeding $500 for every day or part of a day during which theoffence has continued.
28 Liability of tree owners(1) Subject to subclauses (3) and (4) and regulation 16(3), a tree
owner is liable to a works owner for the costs of remedyingany damage caused to a conductor if(a) the tree owner fails to comply with the requirements of
these regulations; and(b) the conductor belongs to aworks owner and is damaged,
and that damage arose (whether directly or indirectly)from a failure of the tree owner to comply with the requirements of these regulations.
(2) A works owner may recover any amount payable under subclause (1) as a debt due to the works owner.
(3) Despite regulation 14, a tree owner is not liable to a worksowner for the cost of remedying damage caused to works as aresult of a tree, if on or after 1 July 2005:(a) the works are damaged by a tree encroaching the growth
limit zone; and(b) the works owner failed to give the tree owner a cut or
trim notice, or gave the tree owner a cut or trim noticebut the damage occurred before the expiry of the timelimit for the cutting or trimming.
(4) Subclause (1) does not apply to a tree owner if the tree is onland administered under the Conservation Act 1987, or any ofthe Acts set out in Schedule 1 to that Act that regulate the useof land.
(5) If a tree, to which a dispensation relates or which is in breachof conditions in an arbitrator’s decision, causes damage to any
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works, the tree owner is liable to the works owner for the costsof remedying the damage caused to those works.
Part 2Arbitrators
Appointment of arbitrators29 Appointment of arbitrators(1) The Minister may from time to time, by notice in the Gazette,
appoint such persons as the Minister considers are, by reasonof their special knowledge or experience, fit to act as arbitrators for the purposes of these regulations.
(2) Subject to subclause (3), every person appointed as an arbitrator holds office for a term (being not less than 12 months) thatis stated in the notice of appointment, and may be reappointedby the Minister from time to time.
(3) An arbitrator may at any time be removed from office by theMinister, by notice in the Gazette, for inability to perform thefunctions of office, bankruptcy, or misconduct, proved to thesatisfaction of the Minister, or may at any time resign fromoffice by written notice to the Minister.
(4) An arbitratormay at any time hold any other office or engage inany other employment or calling unless the Minister considersthat the proper discharge of the functions of an arbitrator willbe impaired by holding that other office or engaging in thatother employment or calling.
(5) No person appointed as an arbitrator under this regulation is,by virtue of that appointment, to be treated as being employedin the service of Her Majesty for the purposes of the StateSector Act 1988 or the Government Superannuation Fund Act1956.
(6) An arbitrator, while acting as an arbitrator, is an employeeemployed by the Crown for the purposes of the Accident Rehabilitation and Compensation Insurance Act 1992.
Functions, duties, and powers30 Functions, duties, and powers of arbitrators(1) The functions of an arbitrator are—
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(a) to hear and determine disputes between tree owners andworks owners referred to the arbitrator under these regulations: and
(b) to perform the functions and duties conferred or imposed on arbitrators under these regulations.
(2) The Act or these regulations do not oblige an arbitrator to hearor determine a matter or perform any other function or dutyif the arbitrator considers that he or she is unable to properlyperform that function or duty.
(3) An arbitrator must determine a dispute according to the substantial merits and justice of the case, and in doing so musthave regard to the law but is not bound to give effect to strictlegal rights or obligations or to legal forms or technicalities.
(4) Without limiting any other provision of these regulations, anarbitrator has all the powers that are reasonably necessary orexpedient to enable the arbitrator to carry out his or her functions and duties.
(5) The Arbitration Act 1996 does not apply to an arbitrator, or todisputes referred to an arbitrator. under these regulations.
Decisions and proceedings31 Decisions of arbitrators(1) An arbitrator may determine a dispute by making such deci
sion in respect of the tree that is the subject of the dispute asthe arbitrator thinks fit, and that decision may be made on anyterms and conditions that the arbitrator thinks fit.
(2) Without limiting the powers conferred by subclause (1), anarbitrator may—(a) grant a dispensation from any requirement imposed
under these regulations to cut or trim a tree:(b) refuse to grant a dispensation from any requirement im
posed under these regulations to cut or trim a tree:(c) vary the terms of any dispensation:(d) specify the distance into the growth limit zone that the
tree to which the dispensation relates may encroach, inany case where the arbitrator grants a dispensation orvaries a dispensation:
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(e) specify a time limit within which the tree must be cut ortrimmed.
(3) An arbitrator does not have the power to order any person—(a) to perform, or refrain from performing, any act; or(b) to undertake, or refrain from undertaking, any obliga
tion.
32 Proceedings of arbitrators(1) An arbitrator who receives an application under regulation
22 must—(a) accept the application; or(b) notify the person who made the application that—
(i) the arbitrator declines to hear or determine thedispute to which the application relates; and
(ii) the person can apply to another arbitrator to hearthe dispute.
(2) After accepting an application to determine a dispute, an arbitrator must, as soon as practicable,—(a) decide who are the parties to the dispute and notify them
of the application; and(b) subject to regulation 34, hear every party who wishes to
be heard.(3) All hearings and other proceedings by an arbitrator must be
conducted in private.(4) Subject to these regulations, an arbitrator may regulate his or
her own procedure.(5) On receiving an application under regulation 22, an arbitrator
must use his or her best endeavours to determine a disputewithin 10 working days after receiving it.
(6) After determining a dispute, an arbitrator must, as soon aspracticable, send or give written notice of the decision to allparties to the dispute and to the Secretary.
33 Evidence(1) Evidence tendered to an arbitrator need not be given on oath
unless the arbitrator otherwise determines in respect of anyparticular evidence.
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Electricity (Hazards from Trees)Regulations 2003 Part 2 r 36
(2) An arbitrator may, on his or her own initiative, seek and receive any other evidence and make any other investigationsand inquiries as he or she thinks fit.
(3) An arbitrator may receive and take into account any relevantevidence or information, whether or not that evidence or information would normally be admissible in a court.
34 Arbitrator may act on evidence availableWhere the case of any party is not presented to an arbitrator, after reasonable opportunity has been given to the party to do so,the dispute may be resolved by the arbitrator on the evidenceor information before him or her, including any evidence orinformation obtained under regulation 33(2).
Rehearings35 Rehearings(1) A party to the dispute that has been determined by an arbitra
tor may, by written notice delivered to the arbitrator within 3working days of receipt by the party of the notice given underregulation 32(6). apply for a rehearing of the dispute.
(2) An arbitrator may rehear a dispute that has been determinedby him or her on any terms and conditions he or she thinks fit,but is not obliged to do so.
(3) Regulation 32(3) to (6) and regulations 33 and 34 apply to therehearing of a dispute as if it were an original hearing of thedispute.
(4) If an arbitrator agrees to rehear a dispute, any decision madeby the arbitrator on the original hearing of the dispute ceasesto have effect.
Miscellaneous provisions36 Remuneration of arbitrators
Arbitrators are entitled to be paid remuneration by way of feesand allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951,and the provisions of that Act apply as if an arbitrator were amember of a statutory Board.
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37 Protection of arbitrators(1) In the performance of his or her functions or duties under these
regulations, an arbitrator has and enjoys the same protectionthat a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under Part 7 of the Summary ProceedingsAct 1957.
(2) The proceedings of an arbitrator are judicial proceedings.(3) The privileges and immunities of arbitrators, parties to dis
putes, and witnesses extend and apply to—(a) an arbitrator acting under regulation 33(2); and(b) a person who gives information, or makes any state
ment, to an arbitrator acting under that regulation.
Part 3Miscellaneous provisions
38 Compensation for trees and vegetation removedThese regulations do not affect the right to compensation undersection 58 of the Act.
39 Safety clearance distances for conductors of overheadelectric linesThese regulations do not affect the obligation to comply withregulation 31 of the Electricity Regulations 1997.
40 Claims for damages to worksThese regulations do not affect any other claims that a worksowner may have against a tree owner in respect of any damagecaused to works by a tree owner.
41 Regulations do not affect specified agreements(1) These regulations do not affect the operation of any specified
agreement between a works owner and a land owner that provides for—(a) the carrying out of the trimming or felling of trees; or(b) the payment of the costs of the trimming or felling of
trees.(2) Subclause (1) is subject to regulation 11(1)(d).
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Electricity (Hazards from Trees)Regulations 2003 Schedule
(3) Specified agreement —(a) means—
(i) any agreement made before the commencementof these regulations; and
(ii) any agreement made after the commencement ofthese regulations that is in writing and specifiesthe area that is the subject of the agreement; but
(b) does not include any provision in an agreement thatis inconsistent with the requirements of the Schedule(which relates to growth limit zones).
42 RevocationsThe Trees (Electric Lines) Regulations 1986 (SR 1986/315)are revoked.
Schedule r 4(1)
Growth limit zones
Table 1Distances for spans less than and equal to
150 metres in length
Voltage of conductorsother than aerial bundledconductors or conductorsinsulated by other means
Distance in any directionfrom any point on conductor(metres)
66 kV or greater 4
50 kV to 66 kV 3
33 kV 2.5
11 kV l.6
400/230 v 0.5
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ScheduleElectricity (Hazards from Trees)
Regulations 2003Reprinted as at
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Table 1—continued
Voltage of aerial bundledconductors or conductorsinsulated by other means
Distance in any directionfrom any point on conductor(metres)
Any voltage where theconductor is an aerial bundledconductor or is otherwiseinsulated 0.5
Key:
kV = kilovolts
v = volts
Table 2Distances for spans more than 150 metres
in length
Length of span(metres)
Vertical distance froma horizontal planedrawn from any pointon conductor (metres)
Horizontaldistance froma vertical planedrawn fromany point onconductor(metres)
D1 = 4
150 to 300 4 D2 = 8
D1 = 7.5
301 to 500 4 D2 = 15
D1=15
501 to 700 4 D2 = 30
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Electricity (Hazards from Trees)Regulations 2003 Explanatory note
Table 2—continued
Greater than or equalto 701
4 D1 = 25
D2 = 50
Key:
D1 = distance for the 15% of each span at either end of the span
D2 = distance for the centre 70% of each span
Diane Morcom,Clerk of the Executive Council.
Explanatory noteThis note is not part of the regulations, but is intended to indicatetheir general effect.These regulations, which come into force on the 28th day after thedate of their notification in the Gazette, provide for the control oftrees adjacent to conductors.Regulation 4 contains definitions. Key definitions include dispensation zone, growth limit zone, notice zone, and works owner.Part 1 (regulations 5 to 28) deals with the control of trees.Regulation 5 imposes a general requirement on every works ownerthat is an electricity operator to give to every consumer, who is supplied with electricity by that works owner, specified information concerning the dangers posed by contact between trees and live conductors and the operation of certain aspects of the regulations.Regulation 6 enables a works owner who becomes aware of a treeencroaching the notice zone but not the growth limit zone to give ahazard warning notice to the tree owner.Regulation 7 describes the purpose of a hazard warning notice, prescribes the details that it must contain, and the method of its delivery.Regulation 8 describes the circumstances where a works owner eithermay, or must, give a cut or trim notice to the owner of a tree whichis encroaching the growth limit zone.
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Explanatory noteElectricity (Hazards from Trees)
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Regulation 9 describes the purpose of a cut or trim notice, prescribesthe details that it must contain, and the method of its delivery.Regulation 10 sets out the obligations of a tree owner, on receipt of acut or trim notice, to cause the tree to be cut or trimmed in accordancewith the requirements of that regulation.Regulation 11 requires the works owner to meet the reasonable costsof the first cut or trim in the circumstances described in that regulation.Regulation 12 requires any tree owner who is required to cause a treeto be cut or trimmed to also remove or tidy any debris that falls onadjoining land, unless an arbitrator orders otherwise.Regulation 13 empowers a works owner to sever and remove any treeroots which are within 0.5 metres of an underground conductor.Regulation 14 specifies the obligations of a works owner to take certain steps to remove danger to persons or property as a consequenceof trees contacting, or posing a serious hazard to, conductors.Regulation 15 enables an owner or occupier of land to give a nointerest tree notice to a works owner in certain circumstances describedin that regulation.Regulation 16 describes the purpose and effect of a nointerest treenotice. In broad terms, the purpose of the nointerest tree notice isto notify a works owner that the owner or occupier of the land onwhich the tree is growing has no interest in the tree, which enables theworks owner to remove or trim the tree if the works owner receivespermission to enter on the land. If the tree is not removed or trimmedwithin a certain period, and it causes damage to any works of theworks owner, the owner or occupier of the land who gave the noticeis not liable for the costs of remedying the damage.Regulation 17 provides for the rescinding of a nointerest tree noticein certain circumstances.Regulation 18 sets out rules governing consultation about the removal of trees on roads where the tree is believed to have an amenityvalue.Regulation 19 enables a tree owner, who has received a hazard warning notice or a cut or trim notice from a works owner, to apply to theworks owner for a dispensation from cutting or trimming a tree sothat it does not encroach the notice zone. The regulation goes on todeal with the effect of a dispensation and the method of application.
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Electricity (Hazards from Trees)Regulations 2003 Explanatory note
Regulation 20 provides criteria governing the grant or refusal of dispensations, the form in which a dispensation may be given, and provides time limits for making a decision on receiving an applicationfor a dispensation.Regulation 21makes further provision concerning dispensations, including the date a dispensation comes into effect, the duration of thedispensation, and the circumstances in which it may be revoked oroverridden.Regulation 22 provides for arbitration in the event that a tree owneris dissatisfied with the decision of a works owner to refuse to grant adispensation, or is dissatisfied with the terms of the dispensation.Regulation 23 deals with the manner in which a hazard warning notice or a cut or trim notice is to be given to a tree owner.Regulation. 24 deals with the manner in which a nointerest treenotice or an application for a dispensation is to be given to a worksowner.Regulation 25 deals with the manner in which an application may bemade to an arbitrator.Regulation 26 prescribes various offences that may be committed bytree owners.Regulation 27 prescribes various offences that may be committed byworks owners.Regulation 28 deals with the civil liability of tree owners arising outof, or connected with, a failure to comply with the provisions of theseregulations.Part 2 (regulations 29 to 37) deals with the appointment of arbitrators,the functions, duties, and powers of arbitrators, decisionmaking byarbitrators, the conduct of proceedings before arbitrators, evidencetendered in connection with arbitrations, rehearings, remunerationof arbitrators, and the protections and privileges of arbitrators.Part 3 (regulations 38 to 42) deals with miscellaneous matters.Regulation 38 provides that these regulations do not affect the rightto compensation under the Electricity Act 1992.Regulation 39 provides that these regulations do not affect the obligation to comply with certain regulations dealing with safety clearancedistances for conductors of overhead electric lines.
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Electricity (Hazards from Trees)Regulations 2003
Reprinted as at4 September 2007
Regulation 40 provides that these regulations do not affect any otherclaims that a works owner may have against a tree owner in respectof any damage caused to works by a tree owner.Regulation 41 provides that these regulations do not affect the operation of certain agreements between works owners and tree ownersdealing with the trimming or felling of trees and the costs arisingfrom such trimming or felling.Regulation 42 deals with revocations.The Schedule specifies growth limit zones.
Issued under the authority of the Acts and Regulations Publication Act 1989.Date of notification in Gazette: 18 December 2003.
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